scholarly journals MEMBERANTAS KEJAHATAN ATAS SATWA LIAR: REFLEKSI ATAS PENEGAKAN HUKUM UNDANG-UNDANG NOMOR 5 TAHUN 1990

2021 ◽  
Vol 2 (2) ◽  
pp. 49-72
Author(s):  
Raynaldo Sembiring ◽  
Wenni Adzkia

AbstrakKejahatan atas satwa liar merupakan kejahatan yang bersifat transnasional dan terorganisasi yang telah mengakibatkan dampak negatif terhadap ekosistem Indonesia. Perkembangan kejahatan atas satwa liar yang saat ini juga merupakan kejahatan teroganisasi, lintas negara dan berbasis elektronik, membuat Undang-Undang Nomor 5 Tahun 1990 tidak lagi efektif dan telah gagal untuk mengatasinya. Kegagalan ini salah satunya disebabkan oleh rendahnya sanksi pidana yang diatur dalam Undang-Undang Nomor 5 Tahun 1990. Pada tataran praktek, rendahnya tuntutan Penuntut Umum dan putusan Majelis Hakim membuat tidak adanya efek jera bagi pelaku kejahatan atas satwa liar. Tulisan ini membahas secara spesifik mengenai perkembangan kejahatan atas satwa liar dan kegagalan penegakan hukum atasnya. Tulisan ini juga memberikan masukan konstruktif untuk perbaikan Undang-Undang Nomor 5 Tahun 1990 sebagai sarana untuk memberantas kejahatan atas satwa liar di Indonesia. AbstractWildlife Crime is a transnational and organized crime that has given the negative impact for Indonesia’s ecosystem. Evolution of wildlife crime as organized crime, transnational crime, and cyber crime makes Law No. 5 Year 1990 ineffective and has failed to combat it. This failure is caused by the lack of criminal sanction in Law No. 5 Year 1990. In the implementation, low of demand and verdict by prosecutor and judge couldn’t give the deterrent effect for the criminal. This paper discusses specifically about evolution of wildlife crime modus and the failure of law enforcement. This paper also gives input to revise Law No. 5 Year 1990 for combating wildlife crime in Indonesian context.

2017 ◽  
Vol 1 (2) ◽  
pp. 145
Author(s):  
Mohammad Arief Amrullah ◽  
Revency Vania Rugebregt

Narcotics crimes that are part of organized crime are essentially one of crimes against development and crimes against social welfare that are central to national and international concerns and concerns. It is very reasonable, given the scope and dimensions so vast, that its activities contain features as organized crime, white-collar crime, corporate crime, and transnational crime. In fact, by means of technology can be one form of cyber crime. Based on such characteristics, the impacts and casualties are also very wide for the development and welfare of the community. It can even weaken national resilience.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Stefanus Reynold Andika

The establishment of an extradition treaty between the Government of the Republic of Indonesia and other countries is a strategic effort in order to increase cooperation in the field of law enforcement and the implementation of justice. With the formation of the extradition treaty, the perpetrators of crimes that are being sought and fleeing the country cannot escape easily from lawsuits. Although the extradition issue is basically seen as part of international law, the discussion cannot be emphasized only in terms of international law. Many things are not further regulated in extradition agreements, especially if the problem is a domestic problem of each country. This article discusses Law Enforcement Against Transnational Criminals through Extradition Agreements. This research is normative juridical and prescriptive. The results of the study conclude that Law Enforcement Against Transnational Crime Actors under the provisions of the United Nations Convention Against Transnational Organized Crime (UNTOC) is not fully implemented in the Indonesian legal system. Based on data until the 2017 period, it can be concluded that the implementation of extradition in Indonesia based on the provisions of UNTOC is still not fully implemented.


Author(s):  
Nazim Aliyev ◽  
Andrey Borbat

The authors analyze versatile manifestations of globalization, the internationalization of the global community development in the modern technogenic conditions, and conclude that these processes lead not only to positive, but, unfortunately, also to negative consequences. Specifically, they focus on the qualitative and quantitative changes in the heterogeneous structure of the so-called transnational organized crime. It is claimed that the most dangerous of them are cybercrimes, drug-related crimes, and human trafficking, which became the object of theoretical and empirical research. The study of international and national materials made it possible to apply a multi-aspect approach to the analysis of the normative basis and statistical data in this sphere. The authors identify the trends and regularities in the development of modern drug-related crimes in the plain of global and local socio-political, economic and legal phenomena; they also identify the priorities for the work of government bodies, including law enforcement agencies, aimed at counteracting these crimes. For cybercrimes, the authors outline the scope of the most dangerous types of illegal activities against national and economic security of states, against the rights and freedoms of their citizens; primarily, they single out the spread of terrorist threats, fraud related to financial and commercial information, personal data, etc. They analyze the clauses of the basic international normative legal act on counteracting cybercrime - the Budapest Convention of the Council of Europe - and pay special attention to the differentiation of crimes while taking into account this type of illegal activity, as well as the enforcement of the Convention in modern conditions. The essence of international terrorism is determined based on the statistical data and their correlation in one or another state; ideologically radical worldviews, separatism, personal ambitions of modern elites are recognized to be key prerequisites for this work. It is claimed that, as a type of transnational crime, global human trafficking is rather dangerous for modern society because of its considerable latency; its manifestations are described, it is also noted that a complex of preventive measures should be implemented at the international and national levels. The authors conclude that transnational crime is an urbanized deeply interconnected phenomenon that does not exist in a pure form and requires highly coordinated large-scale actions from the global and the national communities, as well as adequate professional training of law enforcement employees.


2018 ◽  
Vol 3 (2) ◽  
pp. 99-110
Author(s):  
La Ode Bunga Ali ◽  
Muh Sutri Mansyah

Currently, the country of Indonesia is experiencing unresolved narcotics problems. various efforts to eradicate and prevent narcotics have been done, but have not caused a deterrent effect in law enforcement. There is a difficulty in eradicating it to its roots, it becomes one of the obstacles experienced by our law enforcement officers, in this study using normative juridical research method with historical approach, conceptual approach which has been studied the customary criminal sanction which is applicable during the reign of the buton sultanate and obstacles in the application of gogoli punishment. The results of this study indicate that the renewal of national criminal law in relation to criminal sanctions may originate from customary law prevailing in the sultanate of buton as intended is gogoli punishment, while the concept of gogoli punishment is a rope encircled on the body of a person convicted and withdrawn by in opposite direction until the loss of endurance or death, the punishment is included in the type of death penalty, this is relevant to immigrants who commit a narcotics criminal act in Indonesia which has been sentenced to death several times but apparently until now still not cause effects, the authors has the hope that the punishment can be applied nationally considering narcotic criminal acts that occur almost throughout the region and will damage the morale of the nation today.


2019 ◽  
Vol 1 (2) ◽  
pp. 85-101
Author(s):  
Nilam Rizky Anugerah ◽  
Surya Pranata

the development of information technology, communication and transportation are tendency in terms of increasing relations between nations globally which drives human traffic between countries, giving rise to the complexity of the problems of human mobility between countries. Based on selective policy that upholds the value of human rights, regulated entry of foreigners into the territory of Indonesia, so also for foreigners who obtain a residence permit in the territory of Indonesia must be in accordance with the intent and purpose of being in Indonesia. Immigration crime is basically in addition to its nature as an international and transnational crime and is carried out individually or in an organized manner, it is also very detrimental and endangering to the community so that a severe criminal threat is needed in order to provide a deterrent effect for foreigners who commit violations. forms of supervision of foreigners, namely, supervision of foreigners, field supervision, immigration detention centers, and prevention and deterrence.


2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Bambang Tri Bawono

Technological progress and the presence of globalization in third world countries including Indonesia has a variety of consequences, this includes the negative impact of increasing cybercrime in Indonesia. Increasing cybercrime in the community with a variety of increasingly sophisticated modus operandi, in reality, is not balanced by the existence of a comprehensive legal umbrella, and also the absence of adequate facilities and pre-facilities is a separate issue in the enforcement of cybercrime cases in a dynamic society. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. so it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and pre-facilities related to law enforcement in cybercrime. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. So it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and facilities related to law enforcement in cybercrime.


2021 ◽  
Vol 4 (4) ◽  
pp. 1659
Author(s):  
Silvania Soviana

AbstractIllicit drug trafficking is one of the criminal acts that has never subsided in Indonesia because the negative impact is so great and dangerous. As one of the law enforcement officers, the police certainly take part in efforts to eradicate illicit drug trafficking. In carrying out combating organized crime in illicit drug trafficking, the police assume the role of investigator as well as investigator. In carrying out the eradication of organized crime in illicit drug trafficking, the investigator does not merely disclose the crime alone. Investigators are assisted by collaborating witnesses called justice collaborators. The function of the justice collaborators who work together in assisting investigators, donating assistance in the form of providing information, reports, and / or testimonies related to further information about narcotic crimes. The justice collaborators also get legal protection guaranteed by law. Keywords: Illicit Drug Trafficking; Justice Collaborator; Organized Crime.AbstrakTindak pidana Narkotika ialah salah satu dari tindak pidana yang tidak pernah surut eksistensinya di negara Indonesia karena dampak negatif yang disebabkan begitu besar dan membahayakan. Sebagai salah satu aparat penegak hukum, Polisi tentu turut andil dalam upaya pemberantasan tindak pidana Narkotika. Dalam melakukan pemberantasan kejahatan terorganisasi tindak pidana narkotika, Polisi mengemban peran sebagai penyelidik sekaligus penyidik. Dalam melakukan pemberantasan kejahatan teroganisasi tindak pidana narkotika, penyidik tidak semata-mata melakukan pengungkapan tindak pidana tersebut sendirian. Penyidik dibantu oleh saksi pelaku yang bekerjasama yang disebut justice collaborator. Adanya fungsi dari saksi pelaku yang bekerja sama dalam membantu penyidik, menyumbangkan bantuan berupa pemberian informasi, laporan, dan/atau kesaksian terkait keterangan lebih lanjut mengenai tindak pidana narkotika. Saksi yang bekerja sama juga mendapatkan perlindungan hukum yang dijamin oleh undang-undang.Kata Kunci: Kejahatan Terorganisasi; Saksi Yang Bekerja Sama; Tindak Pidana Narkotika.


2017 ◽  
Vol 1 (2) ◽  
pp. 145
Author(s):  
Mohammad Arief Amrullah ◽  
Revency Vania Rugebregt

Narcotics crimes that are part of organized crime are essentially one of crimes against development and crimes against social welfare that are central to national and international concerns and concerns. It is very reasonable, given the scope and dimensions so vast, that its activities contain features as organized crime, white-collar crime, corporate crime, and transnational crime. In fact, by means of technology can be one form of cyber crime. Based on such characteristics, the impacts and casualties are also very wide for the development and welfare of the community. It can even weaken national resilience.


2015 ◽  
Vol 18 (2) ◽  
pp. 234-247 ◽  
Author(s):  
George Henry Millard ◽  
Tim Hundleby

Purpose – The purpose of this paper is to look at the origins and development of organized crime in Brazil. Design/methodology/approach – The authors draw on their experience working in law enforcement for many years in Brazil. Findings – The paper outlines the major crimes committed by organized crime in Brazil and the structure of the main organization carrying them out. Research limitations/implications – The research concentrates on São Paolo and further research needs to be done. Originality/value – This is the first attempt to put the development of organized crime in Brazil into a historical and developmental context.


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